Discharge Application in Criminal Case

505 votes

you cannot be discharged from the offence as no offence has been made out against you. you need to make an application before the respective court for closing the case. the court will first issue a notice to the complainant and thereafter, once it is convinced that there is no charge made out, it will close the case against you

Advocate Sudarshan Desai LawRato

999 votes

A close reading of Section 245(2) of Cr.P.C, 1973 would show that

In a Warrant-Case instituted upon a Private Criminal Complaint under Sec 156 (3) of CRPC after recording of evidence, discharge petition by the accused can be entertained.

& as such, under such Private Criminal Complaint filed under Sec 156 (3), trial will commence only after framing of charges under Section 246 Cr.P.C, 1973, that will be only after recording of evidence under Section 244 Cr.P.C, 1973.

Advocate Pankaj Bajaj LawRato

544 votes

discharge application is not required. just file an application through lawyer before the court to dismiss the complaint as no case is made out as per the report of police and also the complainant is not appearing since 2014

Advocate Sharad Goswami LawRato